Do sleep-in shifts count towards the National Minimum Wage?

Following Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8, time spent asleep during a sleep-in shift does not count as work for NMW purposes. Only time when you are awake for the purposes of working counts.

What should I do if I am paid below the minimum wage?

Raise it with your employer first, then contact ACAS on 0300 123 1100 or complain to HMRC, which enforces the National Minimum Wage. You can also read our staff rights guides.

Sleep-in Pay & National Minimum Wage Checker

Q: Is my data stored when I use this checker?

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Private by design: this tool runs entirely in your browser. Nothing you type is sent to or stored on our servers.

Your age band (sets your minimum wage rate)

Rates effective from 1 April 2025. Apprentice rate applies in the first year of an apprenticeship or when under 19.

Pay reference period

Your basic hourly rate (£)

Contracted / worked hours in the period (excluding sleep-ins)

Number of sleep-in shifts in the period

Flat rate paid per sleep-in (£)

Total hours awake and working during sleep-ins in the period

Only time you were up and working (responding to a young person, dealing with an incident) counts — not time asleep or resting.

How this works — the law behind it

The Supreme Court decided in Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8 that workers on sleep-in shifts are only doing "work" for National Minimum Wage purposes when they are awake for the purposes of working. Time spent asleep — even though you must stay on the premises — does not count towards NMW calculations.

This checker therefore counts:

NMW-countable hours = your contracted/worked hours + hours awake and working during sleep-ins;
Total pay = (hours × hourly rate) + sleep-in allowances;
Effective hourly rate = total pay ÷ countable hours, compared against your NMW/NLW band.

Your contract may still entitle you to more than the NMW for sleep-ins — check your contract and any collective agreement. If your effective rate is below your band, your employer may owe you arrears.

Underpaid? Read sleep-in pay explained and your rights section: start with ACAS (0300 123 1100) and you can complain to HMRC, which enforces the NMW, at gov.uk.

Guidance, not advice. This tool gives general guidance based on the law and statutory guidance in force at the last review date. It is not legal advice and does not replace your organisation's policies or professional advice on your specific circumstances.

Last reviewed: 1 July 2026 · Report an error in this tool